Philippine Reports October 29, 1923 People vs. Kottinger Philippine Reports October 29, 1923

Facts November 24, 1922- Juan Tolentino raided Camera Supply Co. located at 110 Escolta Manila. Postcards were found and confiscated from the company. -used against J.J. Kottinger, the manager of the company.

Postcard Photos Exhibit A-4: “Kalinga Girls, Philippines.” There were six different postures of the non-Christian inhabitants of the Philippines in the postcards Exhibit A: Philippines, Bontoc Woman Exhibit A-1 : Five young boys “Greetings from the Philippines” Exhibit A-2: “Ifugao Belle, Philippines. Greetings from the Philippines” Exhibit A-3: “Igorrot Girl, Rice Field Costume” Exhibit A-4: “Kalinga Girls, Philippines.” Exhibit A-5: “Moros, Philippines”

Facts Criminal prosecution of J.J. Kottinger took place in the Court of First Instance of Manila. Charged with having kept for sale in the store of the Camera Supply Co., obscene and indecent pictures, in violation of section 12 of Act No. 277. Act no. 277- Philippine Libel Law *Section 12- making obscene or indecent publications misdemeanors

Section 12 of Act No. 277 “ Any person who writes, composes, stereotypes, prints, publishes, sells, or keeps for sale, distributes, or exhibits any obscene or indecent writing, paper, book, or other matter, or who designs, copies, draws, engraves, paints, or otherwise prepares any obscene picture or print, or who moulds, cuts, casts, or otherwise makes any obscene or indecent figure, or who writes composes, or prints any notice or advertisement of any such writing, paper, book, print, or figure shall be guilty of a misdemeanor and punished by a fine of not exceeding one thousand dollars or by imprisonment not exceeding one year or both.

Facts The defendant interposed a demurrer stating that the facts alleged therein did not constitute an offense and were not contrary to law. But trial court overruled the demurrer and defendant.

Facts Judgment: Guilty. Sentence: Fine of 50 pesos with subsidiary imprisonment in case of insolvency and the costs

Facts The defendant appealed, with five errors divided to two main issues of the court at hand. Technical objections Decisive issues

Facts Dr. Otley Beyer, Professor in the University of the Philippines, witnessed in court that the pictures are not obscene and are true to the form (true native costumes) More evidences were shown to oppose the judgment, such as legal publications that contain photos of the same nature.

Issue Whether or not pictures portraying the inhabitants of the country in native dress and as they appear and can be seen in the regions in which they live, are obscene or indecent

Held No. The natives in the photos are wearing the true costumes they regularly wear, and they were not offensive to chastity. The pictures did not shock the moral sense of the people, nor aggregate them. Judgment is reversed, information dismissed and defendant-appellant is acquitted with all costs de oficio.

Ratio Decidendi The prosecution was unable to provide evidence that the postcards were obscene, other than the postcards themselves.

Ratio Decidendi The postcards failed the test followed by court to determine whether a publication is obscene or indecent TEST Within the meaning of the statutes Deprave or corrupt minds of those open to immoral influences Into whose hands a publication or article may fall Shocks ordinary and common sense of men

Ratio Decidendi Unclear definitions of Obscenity and Indecency, since these are not attempted to be defined by the Philippine statutes. “Obscene”-something offensive to chastity, decency or delicacy “Indecency”- act against good behavior and a just delicacy *These are presumed to have been employed by the lawmaker in their ordinary acceptation and use. “Whether a picture is obscene or indecent must depend upon the circumstances of the case” (People vs. Muller, 1884)

Ratio Decidendi Does not deprave or corrupt the minds of those who are open to such immoral influences, and it does not suggest to the minds of the young of either sex, or even to persons of more advanced years, thoughts of the most impure or libidinous acts

Ratio Decidendi There are legal publication that contain photos of the same nature Barton’s “Ifugao Law” “Philippine Journal of Science” October 1906 Reports of Philippine Commission 1903,1912 and 1913

Ratio Decidendi The aggregate judgment of the Philippine community, moral sense of Filipinos, would not be shocked by the content of these photographs